The police should shift the focus of their investigation into a sex video scandal from the popular singer and two actresses depicted in the videos to those who uploaded and disseminated the pornographic content, an expert says.
“They are supposed to focus their probe on finding those responsible for spreading the videos allegedly featuring singer Nazril ‘Ariel’ Ilham and TV presenters Luna Maya and Cut Tary,” Eddy O. S. Hiariej, a law expert from Gadjah Mada University, told The Jakarta Post.
“The police have so far failed to arrest the video uploaders. The investigation into the case cannot be deemed a success if the video distributors still walk free,” he said.
Days after the scandal broke out, the police and the Communications and Information Technology Ministry announced they had tracked down the source of the first uploads of the videos.
They were allegedly uploaded from several locations in West Java and Southeast Sulawesi, according to police chief detective Comr. Gen. Ito Sumardi. The police have yet to arrest any perpetrators.
They have, however, been detaining Ariel since June 22 for charges of intentionally making pornographic content. Ariel has not said he ever intended to spread the videos.
Detectives charged him with the 2008 Pornography Law, which carries a maximum punishment of 12 years in jail.
Police spokesman Sr. Comr. Marwoto Soeto said the police would again summon Luna Maya and Cut Tari on Monday for questioning and would later announce whether the two would be named suspects.
Ito has said detectives would declare the two suspects if they can find “appropriate” articles in either the Criminal Code or the Pornography Law with which to charge the duo.
Ito said a team of detectives was working on finding a legal way to charge Luna and Tari.
Eddy said Ito’s statement was ridiculous. “If they have named Ariel a suspect, they can automatically also charge Luna and Cut Tari. Why should they need to find other articles?”
Eddy said Luna and Cut Tari could be proven culpable if the police noticed the two were clearly aware they were being filmed and did nothing to prevent it.
“However, I think the articles the police have used to charge Ariel are weak as they don’t apply to those who make pornographic media for personal reasons,” Eddy said.
